Violent Crime Reduction Act 2006

2006 CHAPTER 38

An Act to make provision for reducing and dealing with the abuse of alcohol; to make provision about real and imitation firearms, about ammunition and about knives and other weapons; to amend the Football Spectators Act 1989 and the Football (Disorder) Act 2000; to amend the Sexual Offences Act 2003 and section 8 of the Crime and Disorder Act 1998; to amend section 23 of the Children and Young Persons Act 1969; to amend the Mobile Telephones (Re-programming) Act 2002; and for connected purposes.

[8th November 2006]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Chapter 3E+WOther provisions

Licence reviewsE+W

21Power of police to require review of premises licenceE+W

After section 53 of the Licensing Act 2003 (c. 17), insert—

“Summary reviews in serious cases of crime or disorderE+W

53ASummary reviews on application of senior police officer

(1)The chief officer of police of a police force for a police area may apply under this section to the relevant licensing authority for a review of the premises licence for any premises wholly or partly in that area if—

(a)the premises are licensed premises in relation to the sale of alcohol by retail; and

(b)a senior member of that force has given a certificate that it is his opinion that the premises are associated with serious crime or serious disorder or both;

and that certificate must accompany the application.

(2)On receipt of such an application, the relevant licensing authority must—

(a)within 48 hours of the time of its receipt, consider under section 53B whether it is necessary to take interim steps pending the determination of a review of the premises licence; and

(b)within 28 days after the day of its receipt, review that licence in accordance with section 53C and reach a determination on that review.

(3)The Secretary of State must by regulations—

(a)require a relevant licensing authority to whom an application for a review under this section has been made to give notice of the review to the holder of the premises licence and to every responsible authority;

(b)prescribe the period after the making of the application within which the notice under paragraph (a) must be given;

(c)require a relevant licensing authority to advertise the review, inviting representations about it to be made to the authority by the responsible authorities and interested parties;

(d)prescribe the period after the making of the application within which the advertisement must be published;

(e)prescribe the period after the publication of the advertisement during which representations may be made by the holder of the premises licence, any responsible authority or any interested party; and

(f)require a notice or advertisement under paragraph (a) or (c) to specify the period prescribed under paragraph (e).

(4)In this section—

“senior member”, in relation to a police force, means a police officer who is a member of that force and of or above the rank of superintendent; and

“serious crime” has the same meaning as in the Regulation of Investigatory Powers Act 2000 (c. 23) (see section 81(2) and (3) of that Act).

(5)In computing the period of 48 hours mentioned in subsection (2)(a) time that is not on a working day is to be disregarded.

53BInterim steps pending review

(1)This section applies to the consideration by a relevant licensing authority on an application under section 53A whether it is necessary to take interim steps pending the determination of the review applied for.

(2)The consideration may take place without the holder of the premises licence having been given an opportunity to make representations to the relevant licensing authority.

(b)the exclusion of the sale of alcohol by retail from the scope of the licence;

(c)the removal of the designated premises supervisor from the licence;

(d)the suspension of the licence.

(4)For the purposes of subsection (3)(a) the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added.

(5)Where on its consideration of whether to take interim steps the relevant licensing authority does take one or more such steps—

(a)its decision takes effect immediately or as soon after that as that authority directs; but

(b)it must give immediate notice of its decision and of its reasons for making it to—

(i)the holder of the premises licence; and

(ii)the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated).

(6)If the holder of the premises licence makes, and does not withdraw, representations against any interim steps taken by the relevant licensing authority, the authority must, within 48 hours of the time of its receipt of the representations, hold a hearing to consider those representations.

(b)the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated).

(8)At the hearing, the relevant licensing authority must—

(a)consider whether the interim steps are necessary for the promotion of the licensing objectives; and

(b)determine whether to withdraw or modify the steps taken.

(9)In considering those matters the relevant licensing authority must have regard to—

(a)the certificate that accompanied the application;

(b)any representations made by the chief officer of police for the police area in which the premises are situated (or for each police area in which they are partly situated); and

(c)any representations made by the holder of the premises licence.

(10)In computing the period of 48 hours mentioned in subsection (6) time that is not on a working day is to be disregarded.

53CReview of premises licence following review notice

(1)This section applies to a review of a premises licence which a relevant licensing authority has to conduct on an application under section 53A.

(2)The relevant licensing authority must—

(a)hold a hearing to consider the application for the review and any relevant representations;

(b)take such steps mentioned in subsection (3) (if any) as it considers necessary for the promotion of the licensing objectives; and

(c)secure that, from the coming into effect of the decision made on the determination of the review, any interim steps having effect pending that determination cease to have effect (except so far as they are comprised in steps taken in accordance with paragraph (b)).

(3)Those steps are—

(a)the modification of the conditions of the premises licence,

(b)the exclusion of a licensable activity from the scope of the licence,

(c)the removal of the designated premises supervisor from the licence,

(d)the suspension of the licence for a period not exceeding three months, or

(e)the revocation of the licence.

(4)For the purposes of subsection (3)(a) the conditions of a premises licence are modified if any of them is altered or omitted or any new condition is added.

(5)Subsection (2)(b) is subject to sections 19, 20 and 21 (requirement to include certain conditions in premises licences).

(6)Where the authority takes a step within subsection (3)(a) or (b), it may provide that the modification or exclusion is to have effect only for a specified period (not exceeding three months).

23Offence of persistently selling alcohol to childrenE+W

“147APersistently selling alcohol to children

(a)on 3 or more different occasions within a period of 3 consecutive months alcohol is unlawfully sold on the same premises to an individual aged under 18;

(b)at the time of each sale the premises were either licensed premises or premises authorised to be used for a permitted temporary activity by virtue of Part 5; and

(c)that person was a responsible person in relation to the premises at each such time.

(2)For the purposes of this section alcohol sold to an individual aged under 18 is unlawfully sold to him if—

(a)the person making the sale believed the individual to be aged under 18; or

(b)that person did not have reasonable grounds for believing the individual to be aged 18 or over.

(3)For the purposes of subsection (2) a person has reasonable grounds for believing an individual to be aged 18 or over only if—

(a)he asked the individual for evidence of his age and that individual produced evidence that would have convinced a reasonable person; or

(b)nobody could reasonably have suspected from the individual's appearance that he was aged under 18.

(4)A person is, in relation to premises and a time, a responsible person for the purposes of subsection (1) if, at that time, he is—

(a)the person or one of the persons holding a premises licence in respect of the premises; or

(b)the person or one of the persons who is the premises user in respect of a temporary event notice by reference to which the premises are authorised to be used for a permitted temporary activity by virtue of Part 5.

(5)The individual to whom the sales mentioned in subsection (1) are made may, but need not be, the same in each case.

(6)The same sale may not be counted in respect of different offences for the purpose—

(a)of enabling the same person to be convicted of more than one offence under this section; or

(b)of enabling the same person to be convicted of both an offence under this section and an offence under section 146 or 147.

(7)In determining whether an offence under this section has been committed, the following shall be admissible as evidence that there has been an unlawful sale of alcohol to an individual aged under 18 on any premises on any occasion—

(a)the conviction of a person for an offence under section 146 in respect of a sale to that individual on those premises on that occasion;

(b)the giving to a person of a caution (within the meaning of Part 5 of the Police Act 1997) in respect of such an offence; or

(c)the payment by a person of a fixed penalty under Part 1 of the Criminal Justice and Police Act 2001 in respect of such a sale.

(8)A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding £10,000.

(9)The Secretary of State may by order amend subsection (8) to increase the maximum fine for the time being specified in that subsection.

147BOrder suspending a licence in respect of offence under section 147A

(1)Where the holder of a premises licence is convicted of an offence under section 147A in respect of sales on the premises to which the licence relates, the court may order that so much of the licence as authorises the sale by retail of alcohol on those premises is suspended for a period not exceeding three months.

(2)Where more than one person is liable for an offence under section 147A relating to the same sales, no more than one order under subsection (1) may be made in relation to the premises in question in respect of convictions by reference to those sales.

(3)Subject to subsections (4) and (5), an order under subsection (1) comes into force at the time specified by the court that makes it.

(4)Where a magistrates' court makes an order under subsection (1), it may suspend its coming into force pending an appeal.

(5)Section 130 (powers of appellate court to suspend section 129 order) applies (with the omission of subsection (9)) where an order under subsection (1) is made on conviction of an offence under section 147A as it applies where an order under section 129 is made on conviction of a relevant offence in Part 6.”

(2)In section 186(2) of that Act (persons who may institute prosecutions under that Act)—

(a)in paragraph (a) (licensing authority), at the beginning insert “ except in the case of an offence under section 147A, ”; and

“(ca)an order under section 147A(9) (increase of maximum fine for offence of persistently selling alcohol to children) to which subsection (4A) applies;”;

(b)in subsection (4), after “(c),” insert “ (ca), ”;

(c)after subsection (4) insert—

“(4A)This subsection applies to an order under section 147A(9) if it appears to the Secretary of State that the power to make the order is being exercised for purposes that are not confined to the increase of the maximum fine to take account of changes in the value of money.”

(4)A sale of alcohol is not to count for the purposes of the offence under section 147A of the Licensing Act 2003 (c. 17) if it took place before the commencement of this section.

24Closure notices for persistently selling alcohol to childrenE+W

“Closure noticesE+W

169AClosure notices for persistently selling alcohol to children

(1)A relevant officer may give a notice under this section (a “closure notice”) applying to any premises if—

(a)there is evidence that a person (“the offender”) has committed an offence under section 147A in relation to those premises;

(b)the relevant officer considers that the evidence is such that, if the offender were prosecuted for the offence, there would be a realistic prospect of his being convicted; and

(c)the offender is still, at the time when the notice is given, the holder of a premises licence in respect of those premises, or one of the holders of such a licence.

(2)A closure notice is a notice which—

(a)proposes a prohibition for a period not exceeding 48 hours on sales of alcohol on the premises in question; and

(b)offers the opportunity to discharge all criminal liability in respect of the alleged offence by the acceptance of the prohibition proposed by the notice.

(3)A closure notice must—

(a)be in the form prescribed by regulations made by the Secretary of State;

(b)specify the premises to which it applies;

(c)give such particulars of the circumstances believed to constitute the alleged offence (including the sales to which it relates) as are necessary to provide reasonable information about it;

(d)specify the length of the period during which it is proposed that sales of alcohol should be prohibited on those premises;

(e)specify when that period would begin if the prohibition is accepted;

(f)explain what would be the effect of the proposed prohibition and the consequences under this Act (including the maximum penalties) of a sale of alcohol on the premises during the period for which it is in force;

(g)explain the right of every person who, at the time of the alleged offence, held or was one of the holders of a premises licence in respect of those premises to be tried for that offence; and

(h)explain how that right may be exercised and how (where it is not exercised) the proposed prohibition may be accepted.

(4)The period specified for the purposes of subsection (3)(d) must be not more than 48 hours; and the time specified as the time from which that period would begin must be not less than 14 days after the date of the service of the closure notice in accordance with subsection (6).

(5)The provision included in the notice by virtue of subsection (3)(h) must—

(a)provide a means of identifying a police officer or trading standards officer to whom notice exercising the option to accept the prohibition may be given;

(b)set out particulars of where and how that notice may be given to that police officer or trading standards officer;

(c)require that notice to be given within 14 days after the date of the service of the closure notice; and

(d)explain that the right to be tried for the alleged offence will be taken to have been exercised unless every person who, at the time of the notice, holds or is one of the holders of the premises licence for the premises in question accepts the proposed prohibition.

(6)Section 184 (giving of notices) does not apply to a closure notice; but such a notice must be served on the premises to which it applies.

(7)A closure notice may be served on the premises to which it applies—

(a)only by being handed by a constable or trading standards officer to a person on the premises who appears to the constable or trading standards officer to have control of or responsibility for the premises (whether on his own or with others); and

(b)only at a time when it appears to that constable or trading standards officer that licensable activities are being carried on there.

(8)A copy of every closure notice given under this section must be sent to the holder of the premises licence for the premises to which it applies at whatever address for that person is for the time being set out in the licence.

(9)A closure notice must not be given more than 3 months after the time of the last of the sales to which the alleged offence relates.

(10)No more that one closure notice may be given in respect of offences relating to the same sales; nor may such a notice be given in respect of an offence in respect of which a prosecution has already been brought.

(11)In this section “relevant officer” means—

(a)a police officer of the rank of superintendent or above; or

(b)an inspector of weights and measures appointed under section 72(1) of the Weights and Measures Act 1985.

169BEffect of closure notices

(1)This section applies where a closure notice is given under section 169A in respect of an alleged offence under section 147A.

(2)No proceedings may be brought for the alleged offence or any related offence at any time before the time when the prohibition proposed by the notice would take effect.

(3)If before that time every person who, at the time of the notice, holds or is one of the holders of the premises licence for the premises in question accepts the proposed prohibition in the manner specified in the notice—

(a)that prohibition takes effect at the time so specified in relation to the premises in question; and

(b)no proceedings may subsequently be brought against any such person for the alleged offence or any related offence.

(4)If the prohibition contained in a closure notice takes effect in accordance with subsection (3)(a) in relation to any premises, so much of the premises licence for those premises as authorises the sale by retail of alcohol on those premises is suspended for the period specified in the closure notice.

(5)In this section “related offence”, in relation to the alleged offence, means an offence under section 146 or 147 in respect of any of the sales to which the alleged offence relates.

(6)The operation of this section is not affected by any contravention of section 169A(8).”

(2)In subsection (1) of section 170 of that Act (exemptions from liability)—

(b)at the end insert “ or of his functions in relation to a closure notice ”.

(3)For subsection (2) of that section substitute—

“(2)Neither a chief officer of police nor a local weights and measures authority is liable for relevant damages in respect of any act or omission of a person in the performance or purported performance, while under the direction or control of such a chief officer or local weights and measures authority—

(a)of a function of that person in relation to a closure order, or any extension of it; or

(b)of a function in relation to a closure notice.”

(4)After subsection (4) of that section insert—

“(4A)In this section references to a constable include references to a person exercising the powers of a constable by virtue of a designation under section 38 of the Police Reform Act 2002 (community support officers etc.); and, in relation to such a person, the first reference in subsection (2) to a chief officer of police has effect as a reference to a police authority.”

(5)In section 171(5) of that Act (expressions defined for the purposes of Part 8),

(a)after the definition of “appropriate person” insert—

““closure notice” has the meaning given in section 169A;”

(b)after the definition of “extension” insert—

““local weights and measures authority” has the meaning given by section 69 of the Weights and Measures Act 1985;”

(c)after the definition of “senior police officer” insert—

““trading standards officer”, in relation to any premises to which a premises licence relates, means a person authorised by a local weights and measures authority to act in the area where those premises are situated in relation to proposed prohibitions contained in closure notices;”.

29Penalties etc. for offence under s. 28E+W+S

(1)This section applies where a person (“the offender”) is guilty of an offence under section 28.

(2)Where the dangerous weapon in respect of which the offence was committed is a weapon to which section 141 or 141A of the Criminal Justice Act 1988 (specified offensive weapons, knives and bladed weapons) applies, the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both.

(3)Where—

(a)at the time of the offence, the offender was aged 16 or over, and

(b)the dangerous weapon in respect of which the offence was committed was a firearm mentioned in section 5(1)(a) to (af) or (c) or section 5(1A)(a) of the 1968 Act (firearms possession of which attracts a minimum sentence),

the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both.

(4)On a conviction in England and Wales, where—

(a)subsection (3) applies, and

(b)the offender is aged 18 or over at the time of conviction,

the court must impose (with or without a fine) a term of imprisonment of not less than 5 years, unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

(5)In relation to times before the commencement of paragraph 180 of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c. 43), the reference in subsection (4) to a sentence of imprisonment, in relation to an offender aged under 21 at the time of conviction, is to be read as a reference to a sentence of detention in a young offender institution.

(6)On a conviction in England and Wales, where—

(a)subsection (3) applies, and

(b)the offender is aged under 18 at the time of conviction,

the court must impose (with or without a fine) a term of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) of not less than 3 years, unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

(7)On a conviction in Scotland, where—

(a)subsection (3) applies, and

(b)the offender is aged 21 or over at the time of conviction,

the court must impose (with or without a fine) a sentence of imprisonment of not less than 5 years, unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

(8)On a conviction in Scotland, where—

(a)subsection (3) applies, and

(b)the offender is aged under 21 at the time of conviction and is not a person in whose case subsection (9) applies,

the court must impose (with or without a fine) a sentence of detention under section 207 of the Criminal Procedure (Scotland) Act 1995 (c. 46) of not less than 3 years, unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

(9)On a conviction in Scotland, where—

(a)subsection (3) applies, and

(b)the offender is, at the time of conviction, both aged under 18 and subject to a supervision requirement,

the court must impose (with or without a fine) a sentence of detention under section 208 of the Criminal Procedure (Scotland) Act 1995 of not less than 3 years, unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

(10)In any case not mentioned in subsection (2) or (3), the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.

(11)Where—

(a)a court is considering for the purposes of sentencing the seriousness of an offence under section 28, and

(b)at the time of the offence the offender was aged 18 or over and the person used to look after, hide or transport the weapon was not,

the court must treat the fact that that person was under the age of 18 at that time as an aggravating factor (that is to say, a factor increasing the seriousness of the offence).

(12)Where a court treats a person's age as an aggravating factor in accordance with subsection (11), it must state in open court that the offence was aggravated as mentioned in that subsection.

(13)Where—

(a)an offence under section 28 of using another person for a particular purpose is found to have involved that other person's having possession of a weapon, or being able to make it available, over a period of two or more days, or at some time during a period of two or more days, and

(b)on any day in that period, an age requirement was satisfied,

the question whether subsection (3) applies or (as the case may be) the question whether the offence was aggravated under this section is to be determined as if the offence had been committed on that day.

(14)In subsection (13) the reference to an age requirement is a reference to either of the following—

(a)the requirement of subsection (3) that the offender was aged 16 or over at the time of the offence;

(b)the requirement of subsection (11) that the offender was aged 18 or over at that time and that the other person was not.

(15)In its application to Scotland, this section has effect with the omission of subsection (2), and of the reference to it in subsection (10).

“(iii)an offence under any of the provisions of this Act listed in subsection (1A) in respect of a firearm or ammunition specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or section 5(1A)(a) of this Act, and”.

(3)After that subsection insert—

“(1A)The provisions are—

(a)section 16 (possession of firearm with intent to injure);

(b)section 16A (possession of firearm with intent to cause fear of violence);

(c)section 17 (use of firearm to resist arrest);

(d)section 18 (carrying firearm with criminal intent);

(e)section 19 (carrying a firearm in a public place);

(f)section 20(1) (trespassing in a building with firearm).”

(4)In Schedule 6 (prosecution and punishment of offences) in column 3, in paragraph (a) of the entries relating to sections 19 and 20(1), after “Summary”, in each place, insert “ except if the firearm is a firearm specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae) or (af) or section 5(1A)(a) of this Act. ”

(5)This section applies only to offences committed after the commencement of this section.

Air weaponsE+W+S

31Prohibition on sale or transfer of air weapons except by registered dealersE+W+S

(1)In subsection (1) of section 3 of the 1968 Act (offence for a person other than a registered firearms dealer to sell etc. a firearm or ammunition by way of trade or business), at the end of paragraph (b) insert “or

(c)sells or transfers an air weapon, exposes such a weapon for sale or transfer or has such a weapon in his possession for sale or transfer,”.

(2)In section 40(2) of that Act (which excludes air weapons from the requirements to keep a register of transactions), omit the words from “ to firearms ” to “ therein ”.

(3)In section 57(4) of that Act (interpretation), in the definition of “firearms dealer”, for the words from “manufactures” onwards substitute—

“(a)manufactures, sells, transfers, repairs, tests or proves firearms or ammunition to which section 1 of this Act applies or shot guns; or

32Sales of air weapons by way of trade or business to be face to faceE+W+S

[F9(1)This section applies where a person sells an air weapon by way of trade or business to an individual in Great Britain who is not registered as a firearms dealer.

(2)A person is guilty of an offence if, for the purposes of the sale, he transfers possession of the air weapon to the buyer otherwise than at a time when both—

(a)the buyer, and

(b)either the seller or a representative of his,

are present in person.

(3)The reference in subsection (2) to a representative of the seller is a reference to—

(a)a person who is employed by the seller in his business as a registered firearms dealer;

(b)a registered firearms dealer who has been authorised by the seller to act on his behalf in relation to the sale; or

(c)a person who is employed by a person falling within paragraph (b) in his business as a registered firearms dealer.

(4)A person guilty of an offence under this section shall be liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale, or to both; and

(b)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale, or to both.

(5)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(a) of this section to 51 weeks is to be read as a reference to 6 months.]

34Firing an air weapon beyond premisesE+W+S

“21AFiring an air weapon beyond premises

(1)A person commits an offence if—

(a)he has with him an air weapon on any premises; and

(b)he uses it for firing a missile beyond those premises.

(2)In proceedings against a person for an offence under this section it shall be a defence for him to show that the only premises into or across which the missile was fired were premises the occupier of which had consented to the firing of the missile (whether specifically or by way of a general consent).”

(3)In section 23 (exceptions from section 22(4))—

(a)in subsection (1), for paragraphs (a) and (b) substitute “ for the person under whose supervision he is to allow him to use it for firing any missile beyond those premises. ”;

(b)after that subsection insert—

“(1A)In proceedings against a person for an offence under subsection (1) it shall be a defence for him to show that the only premises into or across which the missile was fired were premises the occupier of which had consented to the firing of the missile (whether specifically or by way of a general consent).”;

(c)omit subsection (4).

(4)In the table in Part 1 of Schedule 6 (punishment), after the entry for section 21(5) insert—

“Section 21A

Person making improper use of air weapon

Summary

A fine of level 3 on the standard scale

Paragraphs 7 and 8 of Part II of this Schedule apply.”

(5)In that table, in the entry for section 23(1), for the words in the second column substitute “ Person supervising a person under 18 and allowing him to make improper use of air weapon ”.

AmmunitionE+W+S

35Restriction on sale and purchase of primersE+W+S

(1)This section applies to a cap-type primer designed for use in metallic ammunition for a firearm.

(2)It is an offence for a person to sell to another either—

(a)a primer to which this section applies,

(b)an empty cartridge case incorporating such a primer,

unless that other person falls within subsection (3).

(3)A person falls within this subsection if—

(a)he is a registered firearms dealer;

(b)he sells by way of any trade or business either primers or empty cartridge cases incorporating primers, or both;

(c)he produces a certificate authorising him to possess a firearm of a relevant kind;

(d)he produces a certificate authorising him to possess ammunition of a relevant kind;

(e)he shows that he is a person in the service of Her Majesty who is entitled under subsection (6) to acquire a primer to which this section applies;

(f)he shows that he is entitled, by virtue of the 1968 Act, the Firearms (Amendment) Act 1988 (c. 45) or any other enactment and otherwise than by virtue of being a person in the service of Her Majesty, to have possession, without a certificate, of a firearm of a relevant kind or of ammunition of a relevant kind;

(g)he produces a certificate authorising another person to have possession of such a firearm, or of such ammunition, together with that other person's authority to purchase the primer or empty cartridge case on his behalf; or

(h)he shows that he is authorised by regulations made by the Secretary of State to purchase primers or cartridge cases of the type in question.

(4)It is an offence for a person to buy or to attempt to buy—

(a)a primer to which this section applies, or

(b)an empty cartridge case incorporating such a primer,

unless he falls within subsection (5).

(5)A person falls within this subsection if—

(a)he is a registered firearms dealer;

(b)he sells by way of any trade or business either primers or empty cartridge cases incorporating primers, or both;

(c)he holds a certificate authorising him to possess a firearm of a relevant kind;

(d)he holds a certificate authorising him to possess ammunition of a relevant kind;

(e)he is a person in the service of Her Majesty who is entitled under subsection (6) to acquire a primer to which this section applies;

(f)he is entitled, by virtue of the 1968 Act, the Firearms (Amendment) Act 1988 or any other enactment and otherwise than by virtue of being a person in the service of Her Majesty, to have possession, without a certificate, of a firearm of a relevant kind or of ammunition of a relevant kind;

(g)he is in possession of a certificate authorising another person to have possession of such a firearm, or of such ammunition, and has that other person's authority to purchase the primer or empty cartridge case on his behalf; or

(h)he is authorised by regulations made by the Secretary of State to purchase primers or cartridge cases of the type in question.

(6)A person who is in the service of Her Majesty is entitled to acquire a primer to which this section applies if—

(a)he is duly authorised in writing to acquire firearms and ammunition for the public service; or

(b)he is a person who is authorised to purchase a firearm or ammunition by virtue of a certificate issued in accordance with section 54(2)(b) of the 1968 Act (certificates for persons in naval, military or air service of Her Majesty).

(7)An offence under this section shall be punishable, on summary conviction—

(a)in England and Wales, with imprisonment for a term not exceeding 51 weeks or with a fine not exceeding level 5 on the standard scale, or with both; and

(b)in Scotland, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.

(8)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (7)(a) of this section to 51 weeks is to be read as a reference to 6 months.

(9)The power of the Secretary of State to make regulations for the purposes of subsection (3)(h) or (5)(h) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(10)That power includes power—

(a)to make different provision for different cases;

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

(c)to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

(11)In this section—

“ammunition of a relevant kind” means ammunition for a firearm of a relevant kind;

“enactment” includes an enactment passed after the passing of this Act;

“firearm of a relevant kind” means a firearm other than a shot gun, an air weapon or a firearm chambered for rim-fire ammunition.

Imitation firearmsE+W+S

36Manufacture, import and sale of realistic imitation firearmsE+W+S

(b)he modifies an imitation firearm so that it becomes a realistic imitation firearm;

(c)he sells a realistic imitation firearm; or

(d)he brings a realistic imitation firearm into Great Britain or causes one to be brought into Great Britain.

(2)Subsection (1) has effect subject to the defences in section 37.

(3)The Secretary of State may by regulations—

(a)provide for exceptions and exemptions from the offence under subsection (1); and

(b)provide for it to be a defence in proceedings for such an offence to show the matters specified or described in the regulations.

(4)Regulations under subsection (3) may—

(a)frame any exception, exemption or defence by reference to an approval or consent given in accordance with the regulations;

(b)provide for approvals and consents to be given in relation to particular cases or in relation to such descriptions of case as may be specified or described in the regulations; and

(c)confer the function of giving approvals or consents on such persons specified or described in the regulations as the Secretary of State thinks fit.

(5)The power of the Secretary of State to make regulations under subsection (3) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6)That power includes power—

(a)to make different provision for different cases;

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

(c)to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

(7)A realistic imitation firearm brought into Great Britain shall be liable to forfeiture under the customs and excise Acts.

(8)In subsection (7) “the customs and excise Acts” has the meaning given by section 1 of the Customs and Excise Management Act 1979 (c. 2).

(9)An offence under this section shall be punishable, on summary conviction—

(a)in England and Wales, with imprisonment for a term not exceeding 51 weeks or with a fine not exceeding level 5 on the standard scale, or with both; and

(b)in Scotland, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.

(10)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (9)(a) of this section to 51 weeks is to be read as a reference to 6 months.

(11)In this section “realistic imitation firearm” has the meaning given by section 38.

37Specific defences applying to the offence under s. 36E+W+S

(1)It shall be a defence for a person charged with an offence under section 36 in respect of any conduct to show that the conduct was for the purpose only of making the imitation firearm in question available for one or more of the purposes specified in subsection (2).

(2)Those purposes are—

(a)the purposes of a museum or gallery;

(b)the purposes of theatrical performances and of rehearsals for such performances;

(c)the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48)_see section 5B of that Act);

(d)the production of television programmes (within the meaning of the Communications Act 2003 (c. 21)_see section 405(1) of that Act);

(e)the organisation and holding of historical re-enactments organised and held by persons specified or described for the purposes of this section by regulations made by the Secretary of State;

(f)the purposes of functions that a person has in his capacity as a person in the service of Her Majesty.

(3)It shall also be a defence for a person charged with an offence under section 36 in respect of conduct falling within subsection (1)(d) of that section to show that the conduct—

(a)was in the course of carrying on any trade or business; and

(b)was for the purpose of making the imitation firearm in question available to be modified in a way which would result in its ceasing to be a realistic imitation firearm.

(4)For the purposes of this section a person shall be taken to have shown a matter specified in subsection (1) or (3) if—

(a)sufficient evidence of that matter is adduced to raise an issue with respect to it; and

(b)the contrary is not proved beyond a reasonable doubt.

(5)The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6)That power includes power—

(a)to make different provision for different cases;

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

(c)to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

(7)In this section—

“historical re-enactment” means any presentation or other event held for the purpose of re-enacting an event from the past or of illustrating conduct from a particular time or period in the past;

“museum or gallery” includes any institution which—

(a)

has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest; and

38Meaning of “realistic imitation firearm”E+W+S

(a)has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and

(b)is neither a de-activated firearm nor itself an antique.

(2)For the purposes of this section, an imitation firearm is not (except by virtue of subsection (3)(b)) to be regarded as distinguishable from a real firearm for any practical purpose if it could be so distinguished only—

(a)by an expert;

(b)on a close examination; or

(c)as a result of an attempt to load or to fire it.

(3)In determining for the purposes of this section whether an imitation firearm is distinguishable from a real firearm—

(a)the matters that must be taken into account include any differences between the size, shape and principal colour of the imitation firearm and the size, shape and colour in which the real firearm is manufactured; and

(b)the imitation is to be regarded as distinguishable if its size, shape or principal colour is unrealistic for a real firearm.

(4)The Secretary of State may by regulations provide that, for the purposes of subsection (3)(b)—

(a)the size of an imitation firearm is to be regarded as unrealistic for a real firearm only if the imitation firearm has dimensions that are less than the dimensions specified in the regulations; and

(b)a colour is to be regarded as unrealistic for a real firearm only if it is a colour specified in the regulations.

(5)The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6)That power includes power—

(a)to make different provision for different cases;

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

(c)to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

has been so rendered incapable of discharging a shot, bullet or other missile as no longer to be a firearm;

“real firearm” means—

(a)

a firearm of an actual make or model of modern firearm (whether existing or discontinued); or

(b)

something falling within a description which could be used for identifying, by reference to their appearance, the firearms falling within a category of actual modern firearms which, even though they include firearms of different makes or models (whether existing or discontinued) or both, all have the same or a similar appearance.

(8)In subsection (7) “modern firearm” means any firearm other than one the appearance of which would tend to identify it as having a design and mechanism of a sort first dating from before the year 1870.

(9)References in this section, in relation to an imitation firearm or a real firearm, to its colour include references to its being made of transparent material.

(10)Section 8 of the Firearms (Amendment) Act 1988 (c. 45) (under which firearms are deemed to be deactivated if they are appropriately marked) applies for the purposes of this section as it applies for the purposes of the 1968 Act.

39Specification for imitation firearmsE+W+S

(1)The Secretary of State may by regulations make provision requiring imitation firearms to conform to specifications which are—

(a)set out in the regulations; or

(b)approved by such persons and in such manner as may be so set out.

(2)A person is guilty of an offence if—

(a)he manufactures an imitation firearm which does not conform to the specifications required of it by regulations under this section;

(b)he modifies an imitation firearm so that it ceases to conform to the specifications so required of it;

(c)he modifies a firearm to create an imitation firearm that does not conform to the specifications so required of it; or

(d)he brings an imitation firearm which does not conform to the specifications so required of it into Great Britain or causes such an imitation firearm to be brought into Great Britain.

(3)An offence under this section shall be punishable, on summary conviction—

(a)in England and Wales, with imprisonment for a term not exceeding 51 weeks or with a fine not exceeding level 5 on the standard scale, or with both; and

(b)in Scotland, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.

(4)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(a) of this section to 51 weeks is to be read as a reference to 6 months.

(5)Regulations under this section may provide that, in proceedings for an offence under this section, it is to be presumed, unless the contrary is proved, that an imitation firearm conforms to the required specification if it, or the description of imitation firearms to which it belongs, has been certified as so conforming by a person who is—

(a)specified in the regulations; or

(b)determined for the purpose in accordance with provisions contained in the regulations.

(6)An imitation firearm brought into Great Britain which does not conform to the specifications required of it by regulations under this section shall be liable to forfeiture under the customs and excise Acts.

(7)In subsection (6) “the customs and excise Acts” has the meaning given by section 1 of the Customs and Excise Management Act 1979 (c. 2).

(8)The power of the Secretary of State to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(9)That power includes power—

(a)to make different provision for different cases;

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

(c)to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

40Supplying imitation firearms to minorsE+W+S

“24ASupplying imitation firearms to minors

(1)It is an offence for a person under the age of eighteen to purchase an imitation firearm.

(2)It is an offence to sell an imitation firearm to a person under the age of eighteen.

(3)In proceedings for an offence under subsection (2) it is a defence to show that the person charged with the offence—

(a)believed the other person to be aged eighteen or over; and

(b)had reasonable ground for that belief.

(4)For the purposes of this section a person shall be taken to have shown the matters specified in subsection (3) if—

(a)sufficient evidence of those matters is adduced to raise an issue with respect to them; and

(b)the contrary is not proved beyond a reasonable doubt.”

(2)In the table in Part 1 of Schedule 6 (punishment), after the entry for section 24(4) insert—

“Section 24A(1) or (2)

Acquisition by a minor of an imitation firearm and supplying him.

Summary

In England and Wales, 51 weeks or a fine of level 5 on the standard scale, or both. In Scotland, 6 months, or a fine of level 5 on the standard scale, or both.”

(3)In relation to an offence committed in England and Wales before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference to 51 weeks in the entry inserted by subsection (2) of this section is to be read as a reference to 6 months.

41Increase of maximum sentence for possessing an imitation firearmE+W+S

(1)In the entry in Schedule 6 to the 1968 Act relating to section 19 of that Act (mode of trial and punishment of possession of firearm or imitation firearm in a public place)—

(a)in paragraph (b) of column 3 (offence to be triable either way except in the case of an imitation firearm or air weapon), omit the words “ in the case of an imitation firearm or ”; and

(b)in column 4, for “7 years or a fine; or both” substitute—

“(i)if the weapon is an imitation firearm, 12 months or a fine, or both;

(ii)in any other case, 7 years or a fine, or both.”

(2)An offence in England and Wales under section 19 of the 1968 Act in respect of an imitation firearm which is triable either way by virtue of this section is to be treated—

(a)as an offence to which section 282(3) of the Criminal Justice Act 2003 (c. 44) (increase of maximum sentence on conviction of an either way offence) applies; and

(b)as not being an offence to which section 281(5) of that Act (increase of maximum sentence on conviction of a summary only offence) applies.

(3)This section—

(a)applies only to offences committed after the commencement of this section; and

(b)so far as it relates to subsection (3) of section 282 of the Criminal Justice Act 2003 or subsection (5) of section 281 of that Act, does not have effect in relation to offences committed before the commencement of that subsection.

43Sale etc. of knives and other weaponsE+W

(3)In subsections (5), (8) and (9) of section 141 (defences relating to museums and galleries to offence of manufacture, sale etc. of prescribed weapons), for “prove” substitute “ show ”.

(4)After subsection (11) of that section insert—

“(11A)It shall be a defence for a person charged in respect of conduct of his relating to a weapon to which this section applies—

(a)with an offence under subsection (1) above, or

(b)with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,

to show that his conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11B).

(11B)Those purposes are—

(a)the purposes of theatrical performances and of rehearsals for such performances;

(b)the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 – see section 5B of that Act);

(c)the production of television programmes (within the meaning of the Communications Act 2003 – see section 405(1) of that Act).

(11C)For the purposes of this section a person shall be taken to have shown a matter specified in subsection (5), (8), (9) or (11A) if—

(a)sufficient evidence of that matter is adduced to raise an issue with respect to it; and

(b)the contrary is not proved beyond a reasonable doubt.

(11D)The Secretary of State may by order made by statutory instrument—

(a)provide for exceptions and exemptions from the offence under subsection (1) above or from the prohibition in subsection (4) above; and

(b)provide for it to be a defence in proceedings for such an offence, or for an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979, to show the matters specified or described in the order.

(11E)A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.”

(5)The defence in section 141(11A) is not available in relation to so much of any charge as relates to conduct taking place before the commencement of this section.

45Power of members of staff to search school pupils for weaponsE+W

“550AAPower of members of staff to search pupils for weapons

(1)A member of the staff of a school who has reasonable grounds for suspecting that a pupil at the school may have with him or in his possessions—

(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc.), or

(b)an offensive weapon (within the meaning of the Prevention of Crime Act 1953),

may search that pupil or his possessions for such articles and weapons.

(2)A search under this section may be carried out only where—

(a)the member of the staff and the pupil are on the premises of the school; or

(b)they are elsewhere and the member of the staff has lawful control or charge of the pupil.

(3)A person may carry out a search under this section only if—

(a)he is the head teacher of the school; or

(b)he has been authorised by the head teacher to carry out the search.

(4)Nothing in any enactment, instrument or agreement shall be construed as authorising a head teacher of a school to require a person other than a member of the security staff of the school to carry out a search under this section.

(5)A person who carries out a search of a pupil under this section—

(a)may not require the pupil to remove any clothing other than outer clothing;

(b)must be of the same sex as the pupil; and

(c)may carry out the search only in the presence of another member of the staff who is also of the same sex as the pupil.

(6)A pupil's possessions may not be searched under this section except in his presence and in the presence of another member of the staff.

(7)If, in the course of a search under this section, the person carrying out the search finds—

(a)anything which he has reasonable grounds for suspecting falls within subsection (1)(a) or (b), or

(b)any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence,

he may seize and retain it.

(8)A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.

(9)A person who seizes anything under subsection (7) must deliver it to a police constable as soon as reasonably practicable.

(10)The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

(11)An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.

(12)In this section—

“member of the staff”, in relation to a school, means—

(a)

any teacher who works at the school; and

(b)

any other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school;

“member of the security staff” means a member of the staff whose work at the school consists wholly or mainly of security-related activities;

“outer clothing” means—

(a)

any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or

(b)

a hat, shoes, boots, gloves or a scarf;

“possessions”, in relation to a pupil of a school, includes any goods over which he has or appears to have control.

(13)The powers conferred by this section are in addition to any powers exercisable by the member of the staff in question apart from this section and are not to be construed as restricting such powers.”

46Power to search further education students for weaponsE+W

After section 85A of the Further and Higher Education Act 1992 (c. 13) insert—

“85BPower to search further education students for weapons

(1)A member of staff of an institution within the further education sector who has reasonable grounds for suspecting that a student at the institution may have with him or in his possessions—

(a)an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc.), or

(b)an offensive weapon (within the meaning of the Prevention of Crime Act 1953),

may search that student or his possessions for such articles and weapons.

(2)A search under this section may be carried out only where—

(a)the member of staff and the student are on the premises of the institution; or

(b)they are elsewhere and the member of staff has lawful control or charge of the student.

(3)A person may carry out a search under this section only if—

(a)he is the principal of the institution; or

(b)he has been authorised by the principal to carry out the search.

(4)A person who carries out a search of a student under this section—

(a)may not require the student to remove any clothing other than outer clothing;

(b)must be of the same sex as the student; and

(c)may carry out the search only in the presence of another member of staff who is also of the same sex as the student.

(5)A student's possessions may not be searched under this section except in his presence and in the presence of another member of staff.

(6)If, in the course of a search under this section, the person carrying out the search finds—

(a)anything which he has reasonable grounds for suspecting falls within subsection (1)(a) or (b), or

(b)any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence,

he may seize and retain it.

(7)A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.

(8)A person who seizes anything under subsection (6) must deliver it to a police constable as soon as reasonably practicable.

(9)The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

(10)An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.

(11)In this section—

“member of staff”, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee;

“outer clothing” means—

(a)

any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or

(b)

a hat, shoes, boots, gloves or a scarf;

“possessions”, in relation to a student of an institution within the further education sector, includes any goods over which he has or appears to have control.

(12)The powers conferred by this section are in addition to any powers exercisable by the member of staff in question apart from this section and are not to be construed as restricting such powers.”

may search the relevant person or his possessions for such articles and weapons.

(2)A search under this section may be carried out only where the member of staff and the relevant person are on the premises of the attendance centre.

(3)A person may carry out a search under this section only if—

(a)he is the officer in charge of the attendance centre; or

(b)he has been authorised by the officer in charge to carry out the search.

(4)A person who carries out a search of a relevant person under this section—

(a)may not require the relevant person to remove any clothing other than outer clothing;

(b)must be of the same sex as the relevant person; and

(c)may carry out the search only in the presence of another member of staff who is also of the same sex as the relevant person.

(5)A relevant person's possessions may not be searched under this section except in his presence and in the presence of another member of staff.

(6)If, in the course of a search under this section, the person carrying out the search finds—

(a)anything which he has reasonable grounds for suspecting falls within subsection (1)(a) or (b), or

(b)any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence,

he may seize and retain it.

(7)A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.

(8)A person who seizes anything under subsection (6) must deliver it to a police constable as soon as reasonably practicable.

(9)The Police (Property) Act 1897 (c. 30) (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

(10)An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.

(11)In this section—

“attendance centre” has the same meaning as in Part 12 of the Criminal Justice Act 2003 (c. 44) (see section 221 of that Act);

“officer in charge”, in relation to an attendance centre, means the member of staff for the time being in charge of that centre;

“outer clothing” means—

(a)

any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or

(b)

a hat, shoes, boots, gloves or a scarf;

“possessions”, in relation to a person, includes any goods over which he has or appears to have control;

“relevant person”, in relation to an attendance centre, means a person who is required to attend at that centre by virtue of—

(a)

a relevant order (within the meaning of section 196 of the Criminal Justice Act 2003 (c. 44)); or

(b)

[F10a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008;]

(12)The powers conferred by this section are in addition to any powers exercisable by the member of staff of an attendance centre in question apart from this section and are not to be construed as restricting such powers.

50Supplemental provisions for Part 2E+W+S

(2)Expressions used in this Part and in the 1968 Act have the same meanings in this Part as in that Act.

(3)The following provisions of the 1968 Act apply as if sections 28, 29, 32 and 35 to 39 of this Act were contained in that Act—

(a)section 46 (power of search with warrant);

(b)section 51(4) (limitation period for prosecutions);

(c)section 52 (forfeiture and disposal of firearms and ammunition);

(d)section 58 (savings).

(4)Section 35 binds persons in the service of Her Majesty; and for the purposes of—

(a)this section,

(b)that section,

(c)section 37(2)(f),

(d)any rule of law under which any of the provisions of section 28, 29, 32, 36 or 39 do not bind the Crown,

a person is in the service of Her Majesty if he is deemed to be in such service (or to be in the naval, military or air service of Her Majesty) for the purposes of and under section 54 of the 1968 Act (Crown application).

(5)In section 52 of the 1968 Act, after subsection (4) insert—

“(5)In this section references to ammunition include references to a primer to which section 35 of the Violent Crime Reduction Act 2006 applies and to an empty cartridge case incorporating such a primer.”

Part 3E+W+S+N.I.Miscellaneous

FootballE+W

52Football-related disorderE+W

(1)Section 5(2) of the Football (Disorder) Act 2000 (c. 25) (which imposes a latest date of 27th August 2007 for the making of applications for football banning orders under the Football Spectators Act 1989 (c. 37) and for the exercise of constables' powers under that Act to take summary measures) shall have no effect.

(2)Schedule 3 (which amends the provisions of the Football Spectators Act 1989 relating to football banning orders and makes other amendments consequential on the amendment of that Act by this Act) has effect.

(3)Sections 2 to 7 of the Football Spectators Act 1989 (the national membership scheme) shall cease to have effect.

(v)giving a ticket to a person who pays or agrees to pay for some other goods or services or offering to do so.”;

(c)in paragraph (c), for “Part I of the Football Spectators Act 1989 or which is a regulated football match for the purposes of Part II of that Act” substitute “ this section by order made by the Secretary of State ”.

(4)After subsection (2) of that section insert—

“(2A)An order under subsection (2)(c) may designate descriptions of football matches wherever played or when played at descriptions of ground or in any area specified in the order.

(2B)The power of the Secretary of State to make an order under subsection (2)(c) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

(5)In subsection (7) of that section, in paragraph (b), omit “ the home club or ”.

(6)After section 166 insert—

“166ASupplementary provision relating to sale and disposal of tickets on internet

(1)Nothing in section 166 makes it an offence for a service provider established outside of the United Kingdom to do anything in the course of providing information society services.

(2)If—

(a)a service provider established in the United Kingdom does anything in an EEA State other than the United Kingdom in the course of providing information society services, and

(b)the action, if done in England and Wales, would constitute an offence falling within section 166(1),

the service provider shall be guilty in England and Wales of an offence under that section.

(3)A service provider is not capable of being guilty of an offence under section 166 in respect of anything done in the course of providing so much of an information society service as consists in—

(a)the transmission in a communication network of information falling within subsection (4), or

(b)the storage of information provided by a recipient of the service,

except where subsection (5) applies.

(4)Information falls within this subsection if—

(a)it is provided by a recipient of the service; and

(b)it is the subject of automatic, intermediate and temporary storage which is solely for the purpose of making the onward transmission of the information to other recipients of the service at their request more efficient.

(5)This subsection applies at any time in relation to information if—

(a)the service provider knew when that information was provided that it contained material contravening section 166; or

(b)that information is stored at that time (whether as mentioned in subsection (3)(b) or (4)) in consequence of the service provider's failure expeditiously to remove the information, or to disable access to it, upon obtaining actual knowledge that the information contained material contravening section 166.

(6)In this section—

“the Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);

“information society services”—

(a)

has the meaning set out in Article 2(a) of the Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98/48/EC of 20 July 1998); and

(b)

is summarised in recital 17 of the Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

“EEA State” means a state which is for the time being a member State, Norway, Iceland or Liechtenstein;

“recipient of the service” means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;

Sexual offencesE+W+N.I.

54Forfeiture and detention of vehicles etc.E+W+N.I.

[F11Schedule 4 (which amends the Sexual Offences Act 2003 (c. 42) to restore powers of forfeiture and detention of vehicles, ships and aircraft used in relation to offences of trafficking for sexual exploitation) has effect.]

55Continuity of sexual offences lawE+W+N.I.

(1)This section applies where, in any proceedings—

(a)a person (“the defendant”) is charged in respect of the same conduct both with an offence under the Sexual Offences Act 2003 (“the 2003 Act offence”) and with an offence specified in subsection (2) (“the pre-commencement offence”);

(b)the only thing preventing the defendant from being found guilty of the 2003 Act offence is the fact that it has not been proved beyond a reasonable doubt that the time when the conduct took place was after the coming into force of the enactment providing for the offence; and

(c)the only thing preventing the defendant from being found guilty of the pre-commencement offence is the fact that it has not been proved beyond a reasonable doubt that that time was before the coming into force of the repeal of the enactment providing for the offence.

(3)For the purpose of determining the guilt of the defendant it shall be conclusively presumed that the time when the conduct took place was—

(a)if the maximum penalty for the pre-commencement offence is less than the maximum penalty for the 2003 Act offence, a time before the coming into force of the repeal of the enactment providing for the pre-commencement offence; and

(b)in any other case, a time after the coming into force of the enactment providing for the 2003 Act offence.

(4)In subsection (3) the reference, in relation an offence, to the maximum penalty is a reference to the maximum penalty by way imprisonment or other detention that could be imposed on the defendant on conviction of the offence in the proceedings in question.

(5)A reference in this section to an offence under the Sexual Offences Act 2003 (c. 42) or to an offence specified in subsection (2) includes a reference to—

(a)inciting the commission of that offence;

(b)conspiracy to commit that offence; and

(c)attempting to commit that offence;

and, in relation to an offence falling within paragraphs (a) to (c), a reference in this section to the enactment providing for the offence so falling has effect as a reference to the enactment providing for the offence under that Act or, as the case may be, for the offence so specified.

(6)This section applies to any proceedings, whenever commenced, other than proceedings in which the defendant has been convicted or acquitted of the 2003 Act offence or the pre-commencement offence before the commencement of this section.

56Cross-border provisions relating to sexual offencesE+W+N.I.

(1)The following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) extend to England and Wales and to Northern Ireland, as well as to Scotland—

(a)section 17 (which relates to the making of sexual offences prevention orders in Scotland); and

(b)section 18 and the Schedule, so far as they provide for the amendment of the Sexual Offences Act 2003 (c. 42) (see paragraph 3 of the Schedule, which relates to the offences in respect of which powers are exercisable under Part 2 of the 2003 Act).

(b)an offence under section 7 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (contravention of RSHO or interim RSHO in Scotland).”

(4)Subsection (3) of section 282 of the Criminal Justice Act 2003 (c. 44) (increase of maximum sentence on summary conviction of an either way offence), so far as it applies to offences under the Sexual Offences Act 2003, applies to them as amended, extended or applied by virtue of this section.

57Amendment of s. 82 of the Sexual Offences Act 2003E+W+N.I.

(1)In the table in section 82(1) of the Sexual Offences Act 2003 (c. 42) (notification period for persons convicted of sexual offences under requirement to notify the police about certain matters), in the entry relating to a person sentenced to imprisonment for life or for a term of 30 months or more, for “or for” substitute “ , to imprisonment for public protection under section 225 of the Criminal Justice Act 2003 or to imprisonment for ”.

(2)This section applies in relation to sentences passed before the passing of this Act, as well as to those passed after that.

58Power of entry and search of relevant offender's home addressE+W+N.I.

(1)Before section 97 of the Sexual Offences Act 2003 insert—

“Entry and search of home addressE+W+N.I.

96BPower of entry and search of relevant offender's home address

(1)If on an application made by a senior police officer of the relevant force a justice of the peace is satisfied that the requirements in subsection (2) are met in relation to any premises, he may issue a warrant authorising a constable of that force—

(a)to enter the premises for the purpose of assessing the risks posed by the relevant offender to which the warrant relates; and

(b)to search the premises for that purpose.

(2)The requirements are—

(a)that the address of each set of premises specified in the application is an address falling within subsection (3);

(b)that the relevant offender is not one to whom subsection (4) applies;

(c)that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a); and

(d)that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to obtain entry for that purpose.

(3)An address falls within this subsection if—

(a)it is the address which was last notified in accordance with this Part by a relevant offender to the police as his home address; or

(b)there are reasonable grounds to believe that a relevant offender resides there or may regularly be found there.

(4)This subsection applies to a relevant offender if he is—

(a)remanded in or committed to custody by order of a court;

(b)serving a sentence of imprisonment or a term of service detention;

(c)detained in a hospital; or

(d)outside the United Kingdom.

(5)A warrant issued under this section must specify the one or more sets of premises to which it relates.

(6)The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises.

(7)The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a).

(8)Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum.

(9)In this section a reference to the relevant offender to whom the warrant relates is a reference to the relevant offender—

(a)who has in accordance with this Part notified the police that the premises specified in the warrant are his home address; or

(b)in respect of whom there are reasonable grounds to believe that he resides there or may regularly be found there.

(10)In this section—

“the relevant force” means the police force maintained for the police area in which the premises in respect of which the application is made or the warrant is issued are situated;

“senior police officer” means a constable of the rank of superintendent or above.”

(2)In section 136 of that Act (application of Part 2 to Northern Ireland), after subsection (7) insert—

“(7A)References to a justice of the peace are to be read as references to a lay magistrate.”

“(4A)Nothing in this Article affects the operation of Article 78 of the Magistrates' Courts (Northern Ireland) Order 1981 (limitation of time in respect of complaints made in courts of summary jurisdiction).”

(3)In section 18(1) (interpretation etc of Chapter 1 of Part 1), omit the definition of “ sex offender order ”.

(4)The amendments made by subsection (2) have effect in relation to court proceedings in which an order under section 104 of the Sexual Offences Act 2003 (c. 42) is made before the passing of this Act, as well as those in which such an order is made after that.

“(6)A relevant employee who engages in licensable conduct shall not be guilty of an offence under section 3 in respect of that conduct if it is carried out in connection with the use of a certified sports ground or certified sports stand for purposes for which its safety certificate has effect.

(7)An employee for a visiting team who engages in licensable conduct shall not be guilty of an offence under section 3 in respect of that conduct if—

(a)it is carried out in connection with the use of a certified sports ground or certified sports stand for purposes for which its safety certificate has effect; and

(b)that visiting team is involved in the activities for which the ground is being used, or which the stand is being used to view.

(8)In subsection (7) a reference to a person being an employee for a visiting team is a reference to his being a relevant employee in relation to the visitors' ground, or in relation to a certified sports stand contained in the visitors' premises.

in relation to a sports ground, have the same meanings as in the Safety of Sports Grounds Act 1975 (see sections 1(4) and 17(1) of that Act); and

(b)

in relation to a sports stand, have the same meanings as in Part 3 of the Fire Safety and Safety of Places of Sport Act 1987 (see section 26(2) and (11) of that Act);

“sports ground” has the same meaning as in that Act of 1975 (see section 17(1) of that Act);

“sports stand” means a stand within the meaning of Part 3 of that Act of 1987 (see section 26(11) of that Act);

“visiting team”, in relation to a certified sports ground (“the home ground”) or a certified sports stand contained in any premises (“the home premises”) means a team which uses as its base, or as one of its bases, any premises which are either—

(a)

a certified sports ground which is not the home ground (“the visitors' ground”); or

(b)

premises which are not the home premises and which contain a certified sports stand (“the visitors' premises”);

“visitors' ground” and “visitors' premises”, in relation to a visiting team, have the meanings given by the previous definition.”

Part 4E+W+S+N.I.General

64ExpensesE+W+S+N.I.

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of such money under any other Act.

66Short title, commencement and extentE+W+S+N.I.

(d)section 60 and the repeal in section 18(1) of the Crime and Disorder Act 1998 (c. 37); and

(e)section 63,

shall come into force on such day as the relevant national authority may by order made by statutory instrument appoint; and different days may be appointed for different purposes, including different areas.

(3)In subsection (2) “the relevant national authority”—

(a)in relation to section 45 or 46 so far as it authorises the exercise of powers in relation to pupils of schools in Wales or students at institutions in Wales that are within the further education sector, means the National Assembly for Wales; and

(b)in all other cases, means the Secretary of State.

(4)Section 49, Schedule 1, section 62 and this Part extend to the United Kingdom, except that—

(a)the amendments or repeals specified in Schedule 1 extend only so far as the enactments amended or repealed;

(b)the repeals by Schedule 5 of the Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32) and of the enactments amending that Act extend to England and Wales only;

(c)the repeal by that Schedule of section 141(3) of the Criminal Justice Act 1988 (c. 33) extends to England and Wales and Northern Ireland only;

(d)the other repeals specified in that Schedule extend only so far as the enactments repealed.

SCHEDULES

Magistrates' Courts Act 1980 (c. 43)E+W+S+N.I.

1In section 24(1B) of the Magistrates' Courts Act 1980 (exceptions to summary trial for indictable offences of persons aged under 18), omit the “ or ” at the end of paragraph (a) and, at the end of paragraph (b), insert “or E+W+S+N.I.

(c)section 29(3) of the Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon) would apply if he were convicted of the offence.”

Mental Health Act 1983 (c. 20)E+W+S+N.I.

2In section 37(1A) of the Mental Health Act 1983 (provisions that do not prevent a court from ordering hospital admission), omit the “ or ” at the end of paragraph (b) and, at the end of paragraph (c), insert “or E+W+S+N.I.

(d)under section 29(4) or (6) of the Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon),”.

Crime and Disorder Act 1998 (c. 37)E+W+S+N.I.

5In section 51A(12) of the Crime and Disorder Act 1998 (cases in which persons aged under 18 must be sent for trial to the Crown Court), omit the “ or ” at the end of paragraph (a) and, at the end of paragraph (b), insert “or E+W+S+N.I.

(c)section 29(3) of Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon) would apply if he were convicted of the offence.”

7(1)In section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (detention of persons under 18), in subsection (1A)(b) after “Act and” insert “ for the purposes of subsection (3) of that section ”.E+W+S+N.I.

(2)After subsection (1A) of that section insert—

“(1B)Subsection (3) below also applies where—

(a)a person aged under 18 is convicted on indictment of an offence under the Firearms Act 1968 that is listed in section 51A(1A)(b), (e) or (f) of that Act and was committed in respect of a firearm or ammunition specified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or section 5(1A)(a) of that Act;

(b)the offence was committed after the commencement of section 30 of the Violent Crime Reduction Act 2006 and for the purposes of section 51A(3) of the Firearms Act 1968 at a time when he was aged 16 or over; and

(c)the court is of the opinion mentioned in section 51A(2) of the Firearms Act 1968.

(1C)Subsection (3) below also applies where—

(a)a person aged under 18 is convicted of an offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon);

(b)section 29(3) of that Act applies (minimum sentences in certain cases); and

(c)the court is of the opinion mentioned in section 29(6) of that Act (exceptional circumstances which justify not imposing the minimum sentence).”

(3)In subsection (5) of that section (power to impose detention where minimum sentence provisions apply), for the words from “subsection (2)” to “that term” substitute—

requires the imposition of a sentence of detention under this section for a term of at least the term provided for in that section, the court shall sentence the offender to be detained for such period, of at least the term so provided for ”.

8In section 164(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (interpretation of references to certain sentences), omit the “ or ” at the end of paragraph (b) and, at the end of paragraph (c), insert “or E+W+S+N.I.

Criminal Justice Act 2003 (c. 44)E+W+S+N.I.

(2)In section 142(2)(c) (cases in which courts not required to have regard to purposes of sentencing), after “custodial sentences)” insert “ , under section 29(4) or (6) of the Violent Crime Reduction Act 2006 (minimum sentences in certain cases of using someone to mind a weapon) ”.

(3)In section 150(cases in which a community order or youth community order may not be imposed), omit the “ or ” at the end of paragraph (c) and after that paragraph insert—

“(ca)falls to be imposed under section 29(4) or (6) of the Violent Crime Reduction Act 2006 (required custodial sentence in certain cases of using someone to mind a weapon), or”.

(4)In section 152(1) (cases in which restrictions on imposing custodial sentences do not apply), for “110(2) or 111(2) of the Sentencing Act” substitute “ section 110(2) or 111(2) of the Sentencing Act, under section 29(4) or (6) of the Violent Crime Reduction Act 2006 ”.

(5)In section 153(2) (which specifies provisions to which the rule about the length of a custodial sentence is subject), after “Sentencing Act” insert “ , section 29(4) or (6) of the Violent Crime Reduction Act 2006 ”.

Penalties etc. for offence under paragraph 1N.I.

2(1)This paragraph applies where a person (“the offender”) is guilty of an offence under paragraph 1.N.I.

(2)Where the dangerous weapon in respect of which the offence was committed is a weapon to which section 141 of the Criminal Justice Act 1988 (specified offensive weapons) or Article 54 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)) (knives and bladed weapons) applies, the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both.

(3)Where—

(a)at the time of the offence, the offender was aged 16 or over, and

(b)the dangerous weapon in respect of which the offence was committed was a firearm mentioned in Article 3(1)(a) or 45(1)(a), (aa), (b), (c), (d), (e) or (g) or (2)(a) of the Firearms Order (firearms possession of which attracts a minimum sentence),

the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both.

(4)On a conviction where—

(a)sub-paragraph (3) applies, and

(b)the offender is aged 21 or over at the time of conviction,

the court must impose (with or without a fine) a term of imprisonment of not less than 5 years, unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

(5)On a conviction where—

(a)sub-paragraph (3) applies, and

(b)the offender is aged under 21 at the time of conviction,

the court must impose (with or without a fine) a term of detention in a young offenders centre of not less than 3 years, unless it is of the opinion that there are exceptional circumstances relating to the offence or to the offender which justify its not doing so.

(6)In any case not mentioned in sub-paragraph (2) or (3), the offender shall be liable, on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both.

(7)Where—

(a)a court is considering for the purposes of sentencing the seriousness of an offence under paragraph 1, and

(b)at the time of the offence the offender was aged 18 or over and the person used to look after, hide or transport the weapon was not,

the court must treat the fact that that person was under the age of 18 at that time as an aggravating factor (that is to say, a factor increasing the seriousness of the offence).

(8)Where a court treats a person's age as an aggravating factor in accordance with sub-paragraph (7), it must state in open court that the offence was aggravated as mentioned in that sub-paragraph.

(9)Where—

(a)an offence under paragraph 1 of using another person for a particular purpose is found to have involved that other person's having possession of a weapon, or being able to make it available, over a period of two or more days, or at some time during a period of two or more days, and

(b)on any day in that period, an age requirement was satisfied,

the question whether sub-paragraph (3) applies or (as the case may be) the question whether the offence was aggravated under this paragraph is to be determined as if the offence had been committed on that day.

(10)In sub-paragraph (9) the reference to an age requirement is a reference to either of the following—

(a)the requirement of sub-paragraph (3) that the offender was aged 16 or over at the time of the offence;

(b)the requirement of sub-paragraph (7) that the offender was aged 18 or over at that time and that the other person was not.

“(iv)an offence under any of the provisions of this Order listed in paragraph (1A) in respect of a firearm or ammunition specified in Article 3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d), (e) or (g) or (2)(a), and”.

(3)After paragraph (1) of that Article insert—

“(1A)The provisions are—

(a)Article 58 (possession of a firearm with intent);

(b)Article 59 (use of firearm to resist arrest);

(c)Article 60 (carrying a firearm with criminal intent);

(d)Article 61(1) (carrying a firearm in a public place);

(e)Article 62(1) (trespassing in a building with a firearm).”

(4)In Schedule 5 (prosecution and punishment of offences), in column 3, in paragraph (a) of the entries relating to Articles 61(1) and 62(1), after “Summary”, in each place, insert “ except if the firearm is a firearm specified in Article 3(1)(a) or Article 45(1)(a), (aa), (b), (c), (d) or (e) or (2)(a) ”.

(5)This paragraph applies only to offences committed after the commencement of this paragraph.

(a)frame any exception, exemption or defence by reference to an approval or consent given in accordance with the regulations;

(b)provide for approvals and consents to be given in relation to particular cases or in relation to such descriptions of case as may be specified or described in the regulations; and

(c)confer the function of giving approvals or consents on such persons specified or described in the regulations as[F19the Department of Justice or (as the case may be)] the Secretary of State thinks fit.

[F20(4A)The power of the Department of Justice to make regulations under sub-paragraph (2A) shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.]

(b)to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and

(c)to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.]

[F20(4C)Regulations under sub-paragraph (2A) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).]

(5)The power of the Secretary of State to make regulations under sub-paragraph (3) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6)That power includes power—

(a)to make different provision for different cases;

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

(c)to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

(7)A realistic imitation firearm brought into Northern Ireland shall be liable to forfeiture under the customs and excise Acts.

(8)In sub-paragraph (7) “the customs and excise Acts” has the meaning given by section 1 of the Customs and Excise Management Act 1979 (c. 2).

(9)An offence under this paragraph shall be punishable, on summary conviction, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.

(10)In this paragraph “realistic imitation firearm” has the meaning given by paragraph 6.

5(1)It shall be a defence for a person charged with an offence under paragraph 4 in respect of any conduct to show that the conduct was for the purpose only of making the imitation firearm in question available for one or more of the purposes specified in sub-paragraph (2).N.I.

(2)Those purposes are—

(a)the purposes of a museum or gallery;

(b)the purposes of theatrical performances and of rehearsals for such performances;

(c)the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 (c. 48)_see section 5B of that Act);

(d)the production of television programmes (within the meaning of the Communications Act 2003 (c. 21)_see section 405(1) of that Act);

(e)the organisation and holding of historical re-enactments organised and held by persons specified or described for the purposes of this paragraph by regulations made by the [F21appropriate authority];

(f)the purposes of functions that a person has in his capacity as a person in the service of the Crown.

(b)to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and

(c)to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.]

[F23(4C)Regulations made by the Department of Justice under this paragraph shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).]

(5)The power of the Secretary of State to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6)That power includes power—

(a)to make different provision for different cases;

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

(c)to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

(7)In this paragraph—

“historical re-enactment” means any presentation or other event held for the purpose of re-enacting an event from the past or of illustrating conduct from a particular time or period in the past;

“museum or gallery” includes any institution which—

(a)

has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest; and

(a)has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and

(b)is neither a de-activated firearm nor itself an antique.

(2)For the purposes of this paragraph, an imitation firearm is not (except by virtue of sub-paragraph (3)(b)) to be regarded as distinguishable from a real firearm for any practical purpose if it could be so distinguished only—

(a)by an expert;

(b)on a close examination; or

(c)as a result of an attempt to load or to fire it.

(3)In determining for the purposes of this paragraph whether an imitation firearm is distinguishable from a real firearm—

(a)the matters that must be taken into account include any differences between the size, shape and principal colour of the imitation firearm and the size, shape and colour in which the real firearm is manufactured; and

(b)the imitation is to be regarded as distinguishable if its size, shape or principal colour is unrealistic for a real firearm.

(4)The [F24appropriate authority] may by regulations provide that, for the purposes of sub-paragraph (3)(b)—

(a)the size of an imitation firearm is to be regarded as unrealistic for a real firearm only if the imitation firearm has dimensions that are less than the dimensions specified in the regulations; and

(b)a colour is to be regarded as unrealistic for a real firearm only if it is a colour specified in the regulations.

(b)to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and

(c)to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.]

[F25(4D)Regulations made by the Department of Justice under this paragraph shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).]

(5)The power of the Secretary of State to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6)That power includes power—

(a)to make different provision for different cases;

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

(c)to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

has been so rendered incapable of discharging a shot, bullet or other missile as no longer to be a firearm;

“real firearm” means—

(a)

a firearm of an actual make or model of modern firearm (whether existing or discontinued); or

(b)

something falling within a description which could be used for identifying, by reference to their appearance, the firearms falling within a category of actual modern firearms which, even though they include firearms of different makes or models (whether existing or discontinued) or both, all have the same or a similar appearance.

(8)In sub-paragraph (7) “modern firearm” means any firearm other than one the appearance of which would tend to identify it as having a design and mechanism of a sort first dating from before the year 1870.

(9)References in this paragraph, in relation to an imitation firearm or a real firearm, to its colour include references to its being made of transparent material.

(10)Article 2(7) of the Firearms Order (under which firearms are deemed to be deactivated if they are appropriately marked) applies for the purposes of this paragraph as it applies for the purposes of that Order.

Specification for imitation firearmsN.I.

7[F26(A1)For the purposes of sub-paragraph (2)(a) to (c), the Department of Justice may by regulations make provision requiring imitation firearms to conform to specifications which are—N.I.

(a)set out in the regulations; or

(b)approved by such persons and in such manner as may be so set out.]

(1)[F27For the purposes of sub-paragraph (2)(d), the] Secretary of State may by regulations make provision requiring imitation firearms to conform to specifications which are—

(a)set out in the regulations; or

(b)approved by such persons and in such manner as may be so set out.

(2)A person is guilty of an offence if—

(a)he manufactures an imitation firearm which does not conform to the specifications required of it by regulations under [F28sub-paragraph (A1)];

(b)he modifies an imitation firearm so that it ceases to conform to the specifications so required of it;

(c)he modifies a firearm to create an imitation firearm that does not conform to the specifications so required of it; or

(d)he brings an imitation firearm which does not conform to the specifications [F29required of it by regulations under sub-paragraph (1)] into Northern Ireland or causes such an imitation firearm to be brought into Northern Ireland.

(3)An offence under this paragraph shall be punishable, on summary conviction, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.

(4)Regulations under [F30sub-paragraph (A1) or (1)] may provide that, in proceedings for an offence under [F31sub-paragraph (2)(a) to (c) or (as the case may be) sub-paragraph (2)(d)], it is to be presumed, unless the contrary is proved, that an imitation firearm conforms to the required specification if it, or the description of imitation firearms to which it belongs, has been certified as so conforming by a person who is—

(a)specified in the regulations; or

(b)determined for the purpose in accordance with provisions contained in the regulations.

(5)An imitation firearm brought into Northern Ireland which does not conform to the specifications required of it by regulations under [F32sub-paragraph (1)] shall be liable to forfeiture under the customs and excise Acts.

(6)In sub-paragraph (5) “the customs and excise Acts” has the meaning given by section 1 of the Customs and Excise Management Act 1979 (c. 2).

[F33(6A)The power of the Department of Justice to make regulations under this paragraph shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.]

(b)to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and

(c)to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.]

[F33(6C)Regulations made by the Department of Justice under this paragraph shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).]

(7)The power of the Secretary of State to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(8)That power includes power—

(a)to make different provision for different cases;

(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

(c)to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

Increase of maximum sentence for possessing an imitation firearmN.I.

9(1)In the entry in Schedule 5 to the Firearms Order relating to Article 61(1) of that Order (mode of trial and punishment of possession of firearm or imitation firearm in a public place)—N.I.

(a)in paragraph (b) of column 3 (offence to be triable on indictment except in the case of an imitation firearm or air gun), omit the words “ in the case of an imitation firearm or ”; and

(b)in column 4, for “10 years or a fine or both” substitute “ If the offence is committed in respect of an imitation firearm, 12 months or a fine, or both; in any other case, 10 years or a fine, or both. ”

(2)This paragraph applies only to offences committed after the commencement of this paragraph.

(2)In subsections (5), (8) and (9) of section 141(defences relating to museums and galleries to offence of manufacture, sale etc. of prescribed weapons), for “prove” substitute “ show ”.

(3)After subsection (11) of that section insert—

“(11A)It shall be a defence for a person charged in respect of conduct of his relating to a weapon to which this section applies—

(a)with an offence under subsection (1) above, or

(b)with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,

to show that his conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11B).

(11B)Those purposes are—

(a)the purposes of theatrical performances and of rehearsals for such performances;

(b)the production of films (within the meaning of Part 1 of the Copyright, Designs and Patents Act 1988 – see section 5B of that Act);

(c)the production of television programmes (within the meaning of the Communications Act 2003 – see section 405(1) of that Act).

(11C)For the purposes of this section a person shall be taken to have shown a matter specified in subsection (5), (8), (9) or (11A) above if—

(a)sufficient evidence of that matter is adduced to raise an issue with respect to it; and

(b)the contrary is not proved beyond a reasonable doubt.

(11D)The Secretary of State may by order made by statutory instrument—

(a)provide for exceptions and exemptions from the offence under subsection (1) above or from the prohibition in subsection (4) above; and

(b)provide for it to be a defence in proceedings for such an offence, or for an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979, to show the matters specified or described in the order.

(11E)A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.”

(4)The defence in section 141(11A) is not available in relation to so much of any charge as relates to conduct taking place before the commencement of this paragraph.

Banning orders: bail conditionsE+W

“(4BA)If the court adjourns or further adjourns any proceedings under subsection (4A) or (4B), the court may remand the offender.

(4BB)A person who, by virtue of subsection (4BA), is remanded on bail may be required by the conditions of his bail—

(a)not to leave England and Wales before his appearance before the court, and

(b)if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his passport to a police constable, if he has not already done so.”

“(5)If the magistrates' court adjourns proceedings on an application under this section, the court may remand the person in respect of whom the application is made.

(6)A person who, by virtue of subsection (5) above, is remanded on bail under section 128 of the Magistrates' Courts Act 1980 may be required by the conditions of his bail—

(a)not to leave England and Wales before his appearance before the court, and

(b)if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his passport to a police constable, if he has not already done so.”

Appeals against decisions not to make banning ordersE+W

3(1)In section 14A (banning order made on conviction for an offence), after subsection (5) insert—E+W

“(5A)The prosecution has a right of appeal against a failure by the court to make a banning order under this section—

(a)where the failure is by a magistrates' court, to the Crown Court; and

(b)where it is by the Crown Court, to the Court of Appeal.

(5B)An appeal under subsection (5A)(b) may be brought only if the Court of Appeal gives permission or the judge who decided not to make an order grants a certificate that his decision is fit for appeal.

(5C)An order made on appeal under this section (other than one directing that an application be re-heard by the court from which the appeal was brought) is to be treated for the purposes of this Part as if it were an order of the court from which the appeal was brought.”

Applications for banning orders under section 14BE+W

“(1)An application for a banning order in respect of any person may be made by—

(a)the relevant chief officer, or

(b)the Director of Public Prosecutions,

if it appears to him that the condition in subsection (2) is met.”;

(b)after subsection (1) insert—

“(1A)In subsection (1) “the relevant chief officer” means—

(a)the chief officer of police of any police force maintained for a police area; or

(b)the chief constable of the British Transport Police Force.”

(2)In section 21B(4) (summary measures: reference to a court), for “the chief officer of police for the area in which the person resides or appears to reside” substitute “ the relevant chief officer ”.

Notification obligations under banning ordersE+W

“(2A)A banning order must require the person subject to the order to give notification of the events mentioned in subsection (2B) to the enforcing authority.

(2B)The events are—

(a)a change of any of his names;

(b)the first use by him after the making of the order of a name for himself that was not disclosed by him at the time of the making of the order;

(c)a change of his home address;

(d)his acquisition of a temporary address;

(e)a change of his temporary address or his ceasing to have one;

(f)his becoming aware of the loss of his travel authorisation;

(g)receipt by him of a new travel authorisation;

(h)an appeal made by him in relation to the order;

(i)an application made by him under section 14H(2) for termination of the order;

(j)an appeal made by him under section 23(3) against the making of a declaration of relevance in respect of an offence of which he has been convicted.

(2C)A notification required by a banning order by virtue of subsection (2A) must be given before the end of the period of seven days beginning with the day on which the event in question occurs and—

(a)in the case of a change of a name or address or the acquisition of a temporary address, must specify the new name or address;

(b)in the case of a first use of a previously undisclosed name, must specify that name; and

(c)in the case of a receipt of a new travel authorisation, must give details of that travel authorisation.”

(3)In subsection (3) (under which a banning order must, unless there are exceptional circumstances, impose a requirement as to the surrender of the passport of the subject) omit “ , unless it appears to the court that there are exceptional circumstances, ”.

(4)Omit subsection (4) (where exceptional circumstances exist court must state in open court what they are).

(5)After subsection (7) insert—

“(8)In this section—

“declaration of relevance” has the same meaning as in section 23;

“home address”, in relation to any person, means the address of his sole or main residence;

“loss” includes theft or destruction;

“new” includes replacement;

“temporary address”, in relation to any person, means the address (other than his home address) of a place at which he intends to reside, or has resided, for a period of at least four weeks.”

(6)In relation to times before the commencement of section 39(2) of the Identity Cards Act 2006 (c. 15), the references to a travel authorisation in subsections (2B) and (2C) of section 14E of the Football Spectators Act 1989 (c. 37) shall have effect as references to a passport.

(7)Sub-paragraphs (3) and (4) apply—

(a)to a banning order made after the commencement of those sub-paragraphs; and

(b)for the purposes of any appeal falling to be determined after the commencement of those sub-paragraphs.

Notices during control periodsE+W

“(c)must require him to notify the enforcing authority within the time period specified in the notice of each address at which he intends to stay, or has stayed, for one night or more in a period which is the control period in relation to a regulated football match.”

Deemed receipt of notices and other documentsE+W

“(1A)A notice or other document served in accordance with subsection (1) on a person who is the subject of a banning order is to be deemed to be received by him at the time when it is served unless he proves otherwise.”

Part 2E+WConsequential Amendments

Meaning of “spectator” in Part 1E+W

“(6)A person is not to be regarded as a “spectator” in relation to a designated football match if the principal purpose of his being on the premises is to provide services in connection with the match, or to report on it.”

Declarations of relevanceE+W

12In section 23 of that Act (provisions about declarations of relevance), at the end insert—E+W

“(5)In this section “declaration of relevance” means a declaration by a court for the purposes of Schedule 1 to this Act that an offence related to football matches, or that it related to one or more particular football matches.”

15In section 3 of the Prosecution of Offences Act 1985 (c. 23) (functions of the Director of Public Prosecutions), in subsection (2) after paragraph (fa) insert—E+W

“(faa)where it appears to him appropriate to do so, to have the conduct of applications made by him for orders under section 14B of the Football Spectators Act 1989 (banning orders made on complaint);”.

“60AForfeiture of land vehicle, ship or aircraft

(1)This section applies if a person is convicted on indictment of an offence under sections 57 to 59.

(2)The court may order the forfeiture of a land vehicle used or intended to be used in connection with the offence if the convicted person—

(a)owned the vehicle at the time the offence was committed;

(b)was at that time a director, secretary or manager of a company which owned the vehicle;

(c)was at that time in possession of the vehicle under a hire-purchase agreement;

(d)was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement; or

(e)was driving the vehicle in the course of the commission of the offence.

(3)The court may order the forfeiture of a ship or aircraft used or intended to be used in connection with the offence if the convicted person—

(a)owned the ship or aircraft at the time the offence was committed;

(b)was at that time a director, secretary or manager of a company which owned the ship or aircraft;

(c)was at that time in possession of the ship or aircraft under a hire-purchase agreement;

(d)was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement;

(e)was at that time a charterer of the ship or aircraft; or

(f)committed the offence while acting as captain of the ship or aircraft.

(4)But in a case to which subsection (3)(a) or (b) does not apply, forfeiture may be ordered only—

(a)in the case of a ship, if subsection (5) or (6) applies;

(b)in the case of an aircraft, if subsection (5) or (7) applies.

(5)This subsection applies where a person who, at the time the offence was committed, owned the ship or aircraft or was a director, secretary or manager of a company which owned it, knew or ought to have known of the intention to use it in the course of the commission of an offence under sections 57 to 59.

(6)This subsection applies where a ship's gross tonnage is less than 500 tons.

(7)This subsection applies where the maximum weight at which an aircraft (which is not a hovercraft) may take off in accordance with its certificate of airworthiness is less than 5,700 kilogrammes.

(8)Where a person who claims to have an interest in a land vehicle, ship or aircraft applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the vehicle, ship or aircraft unless the person has been given an opportunity to make representations.

60BDetention of land vehicle, ship or aircraft

(1)If a person has been arrested for an offence under sections 57 to 59, a constable or a senior immigration officer may detain a relevant vehicle, ship or aircraft—

(a)until a decision is taken as to whether or not to charge the arrested person with that offence;

(b)if the arrested person has been charged, until he is acquitted, the charge against him is dismissed or the proceedings are discontinued; or

(c)if he has been charged and convicted, until the court decides whether or not to order forfeiture of the vehicle, ship or aircraft.

(2)A vehicle, ship or aircraft is a relevant vehicle, ship or aircraft, in relation to an arrested person if it is a land vehicle, ship or aircraft which the constable or officer concerned has reasonable grounds for believing could, on conviction of the arrested person for the offence for which he was arrested, be the subject of an order for forfeiture made under section 60A.

(3)A person (other than the arrested person) may apply to the court for the release of a land vehicle, ship or aircraft on the grounds that—

(a)he owns the vehicle, ship or aircraft;

(b)he was, immediately before the detention of the vehicle, ship or aircraft, in possession of it under a hire-purchase agreement; or

(c)he is a charterer of the ship or aircraft.

(4)The court to which an application is made under subsection (3) may, on such security or surety being tendered as it considers satisfactory, release the vehicle, ship or aircraft on condition that it is made available to the court if—

(a)the arrested person is convicted; and

(b)an order for its forfeiture is made under section 60A.

(5)In this section, “court” means—

(a)in relation to England and Wales—

(i)if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court;

(ii)if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings;

(b)in relation to Northern Ireland—

(i)if the arrested person has not been charged, a magistrates' court for the county court division in which he was arrested;

(ii)if he has been charged but proceedings for the offence have not begun to be heard, a magistrates' court for the county court division in which he was charged;

(iii)if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.

(6)In this section, “senior immigration officer” means an immigration officer (appointed or employed as such under the Immigration Act 1971) not below the rank of chief immigration officer.

60CSections 60A and 60B: interpretation

(1)In this section and sections 60A and 60B, unless the contrary intention appears—

“aircraft” includes hovercraft;

“captain” means master (of a ship) or commander (of an aircraft);

“land vehicle” means any vehicle other than a ship or aircraft;

“ship” includes every description of vessel used in navigation.

(2)In sections 60A and 60B, a reference to being an owner of a vehicle, ship or aircraft includes a reference to being any of a number of persons who jointly own it.”